Common use of Scope and Duration Clause in Contracts

Scope and Duration. Upon commencement of installation of the required Improvements within the subject Site, the Developer shall be responsible for the maintenance of all required Improvements, including undeveloped lots, streets, sidewalks, common areas, and storm and drainage facilities, until the sooner of: (1) the expiration of twelve (12) months after final release of the construction deposit by the City, or (2) expiration of twelve (12) months after occupancy permits have been issued on ninety-five percent (95%) of the Site or ninety-five percent (95%) of all of the lots in the subdivision plat(s) subject to the construction deposit agreement, whichever is earlier. Maintenance shall include repair or replacement of all defects, deficiencies and damage to the Improvements that may exist or arise, abatement of nuisances caused by such Improvements, removal of mud and debris from construction, erosion control, grass cutting, removal of construction materials (except materials to be used for construction on the lot or as permitted by Site Plan), and street de-icing and snow removal. All repairs and replacement shall comply with City specifications and standards. The maintenance obligation for required Improvements to existing public roads or other existing public infra-structure already maintained by a public governmental entity shall terminate on and after the date such Improvements have been inspected, and dedication and maintenance of the Improvements has been accepted by the Board of Xxxxxxxx. Irrespective of other continuing obligations, the Developer's street de-icing and snow removal obligations shall terminate on the date a street is accepted by the City for public maintenance.

Appears in 3 contracts

Samples: Deposit Agreement for Maintenance of Site Plan Improvements With Cash Escrow, Deposit Agreement for Maintenance of Site Plan Improvements With Letter of Credit, Deposit Agreement for Maintenance of Site Plan Improvements With Cash Escrow

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